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QUESTION: Does a county which has constructed a road and maintained it continuously for more than four years have the authority to grant permission for laying a waterline under said road?

SUMMARY: The effect of s. 337.31(1), F.S., is to vest in a county the title to roads which have been constructed and maintained as provided in the statute, but the status of any particular road involves mixed questions of fact and law which can only be determined by a court. Section 337.31(1), F.S., provides, in pertinent part: (1) Whenever any road constructed by any of the several counties . . . shall have…